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>> ay chihuahua. [laughter] craig: my apologies to ben mckenzie. we'll have him back soon. we just went on a little too long tonight. sorry about that. it only remains for me to wish you good night. how would they say good night in holland, rebecca? [speaking dutch] [cheers and applause] ♪

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. we're waiting again. >> hopes for a wedding once again put on hold. but why today's decision could be a strategic victory for prop 8 opponents. the late-night text messages and several signs are damaged. the vandalism that has two city council members fighting over more than just text issues. >> yes, i'm in pain. every day i have either wake up with a headache, pain under my eye. >> it has been nearly a year since he was severely beaten aboard a bus. the suspects are behind bars but, tonight, why one young bay area man fears they'll attack him again. and a clue to the timeless question, why do men cheat?

. >> this is cbs5 eyewitness news. maybe no . an . >> good evening, i'm dana king. >> i'm ken bass teed a. not this week, maybe not even this year, an appeals court has put a stop to same-sex weddings for at least forth now. they said marriages cory assume on wednesday but, today, a panel of judges from the ninth circuit court of appeals put them on hold and will hear the case the second week of december. joe vazquez is in san francisco tonight to explain the next steps in this battle. joe? >> reporter: ken, the appeals court today ordered this case to be expedited, that means they consider this case to be such a high priority they have put it on the fast track for hearings to begin in december. but that's little consolation for the many couples hoping to get married day after tomorrow. [ sound of music ] >> reporter: they gathered and had an entire wedding ceremony

last month but it will not be recognized by the state. same-sex marriage will not be legal, at least for another three months. >> to say i was flustered, it was definitely very like, soon as the news came out it was like, you, we're waiting again. >> in a brief statement that came out after 3:00 p.m. this issued a judgment saying the appellants petition is granted. that petition says they want to ban same-sex marriages. the same court has put same-sex marriages on hold at least until december 6th. they also set a deadline of december 1st for both sides to put forward their argument. >> people often get frustrated to see their votes struck down but today they should be happy. >> reporter: supporters say the appeals court has put it on the

fast track which they believe helps their cause. >> they even questioned that the parties specifically to address why should this case not simply be dismissed because this appeal, there is no right to go forward on it. they specifically asked that question. >> reporter: meanwhile hundreds of couples have already been planning their weddings for wednesday evening. they are now going to have to reschedule. >> it's disappointing but we're kind of used to it. two steps forward, one step back. but i know ultimately we're going to get full rights and marriage equality will come to california. ♪[ music ] . >> reporter: the next step is next month when the first set of appeals, that is written arguments, are set to be filed with the appeals court. live in castro, joe vasquez, cbs5. he was brutally beaten on a muni bus by alleged gang members last year. but because of courtroom cages one san francisco man fears

that he is about to be victimized again. >> you don't know how much we're suffering and how we did suffer. >> reporter: almost a year ago sonya boring lumper says her sons attacked by four gang members. it is not holding the eye in place, not is holding it. >> reporter: chris borgsbenner says "yes i am still in pain. every day i either wake up with a headache, pain under my eye, my tooth is gone from the back of my jaw, then i also had plastic surgery from my knows and eye socket and the insert of a metal plate under that bone that was broken under my eyeball. >> they say it was hell recovering from the attack but now chris is being attacked again. this time, they claim, the attacker is the criminal court in san francisco. >> and this guy, what he did to

my son's face, only two years? i don't believe it. i just don't believe it. >> reporter: that's because the one convicted of the brutal attack was supposed to be sentenced to um to 5 years in prison but a switch in judges allowed him to agree to a special plea, two years, he is only required to serve 85% of that. >> he'll only serve a year to 2 to 3 months. that's it. >> reporter: chris says that because of his alleged gang ties a shortened sentence guarantees there is a bulls-eye on his back. >> and when that time is done he'll either come himself or i have the fear of, you know, retaliation of some sort. i can't do anything about it. >> reporter: because there was no trial he never got to testify, never tell the judge the pain he endured, so with motley scheduled to be sentenced on friday this is his testimony to the judge. >> so what happens when he commits, whatever can happen in

the world between him and only him and only god nows, the judge won't know, the court won't know. how could anybody give him leniency outside? >> reporter: in san francisco robert lyles. a former san francisco police chief is defending his six-figure salary that would require employees to pay 10% no to their

san jose are working to get to the bottom of a mystery that's fueling a political drama. campaign signs were damaged. and now kiet do shows us, a text message is raising some eyebrows. if you need any more proof that the race for the district 7 city council seat in san jose is getting heated, here it is. (madison nguyen, san jose city councilmember: ) sometime late

afternoon in hayward was apparently a result of road rage. it happened on city center drive, west of foothill --in front of a chase bank. police say a fight between two drivers escalated into an exchange of gunfire. stray bullets hit the bank window, and a parked car. no injuries were reported, and police have no suspect descriptions. san francisco police say the driver suspected in the hit-and-run death of a bicyclist on friday night was drunk when he hit the 21-year old german tourist. 36-year old joshua calder allegedly drove away from

the scene of the crash. following witness descriptions, police found calder's mercedes about two blocks away and arrested him. he's being held on suspicion of gross vehicular manslaughter while intoxicated. "i'm glad i m 46 and not 26, or i'd be out there with a shot gun. just my mentality. i feel violated." this man is among several people in castro valley, who has had their home burglarized in the past 4 months. but in this case, the suspects not only took robert cassidy's belongings... they may have also stolen his dog. "lula" was last seen 9 days ago when cassidy's home was broken into. his friends have donated one thousand dollars for the dog's safe return. i think it was sad. but now we got it fixed and stuff. school's back in session at san jose's trace elementary... six weeks after the school was destroyed in an arson fire. thanks to donations and quick

construction work, students were able to return to a new set of portable classrooms and a makeshift cafeteria. a permanent replacement for the building is expected to take about two years. put the card away. 24 hour fitness has a new check-in system. the information you'll have to give up, that has some concerned. "i support it. that's why i bought one myself." school kids, using shirts and bracelets to support the fight against breast cancer . but what it says, that has teachers thinking otherwise. blondes? brunettes? may not matter... the other type of women, more men are likely to cheat on. there's one less thing to pack if you're a 24 hour fitness member. ,, ????????

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she has this ability to come to a very confusing situation, take a look and figure out what the right thing to do is. there was no playing things loose or close to the edge. we were going to do things the right way... because ultimately, that's the way you build a company to last. she was always asking us to be as efficient as possible, to be as frugal as possible. she gets in at the heart of the issue... and she'll bring people together to resolve a problem. she's a problem solver. she listens to people around her and she will seek... different and often conflicting points of view. she makes people feel heard and makes them feel valued. but, ultimately she's looking to make the right decision. we can fix california, no question about it. it's going to take a different style of leadership, it's going to take a different approach, but we can make california great again. ♪ did you fall? oh. rollerblading. you poor thing. skiing accident? um... mountain biking. mmm!

snowboarding? um, hang gliding. respect. hard water stains, huh? cleaning hard water stains... with the wrong product can be painful. lime-a-way is scientifically proven... to eliminate limescale. the leading all-purpose cleaner doesn't. end the frustration of constantly scrubbing... hard water stains and give your arm a break. for lime, calcium and rust... lime-a-way is a must. inger. simon p .(july10.ecl). there is one less thing to pack if you're a 24 hour fitness member. now all you need to get in is your finger. simon perez with why some privacy experts wonder if the convenience is really worth it. ling fingerprint scanners . >> path to getting in shape hasn't changed much. but the path to get into the gill has. they installing fingerprint staners at its bay area location. here is how 24 hour fitness says it works. the company says three scans of both your index fingers so you

can use either one to get in. the image of your fingerprint isn't stored, instead a computer measures the distance between several points in your print. that measurement is stored as an identifying number. which comes up every time you place your finger on the reader. 24 hour fitness knows you're you. >> i don't have any concern. a little sceptical about identity theft. >> your fingerprint is a really sensitive piece of information. it's not something that can be replete if it is compromised. >> rebecca jeff ski works for the electronic group frontier system. >> you can replace your social security number or your credit cards. but if somebody gets ahold of your thumb print, your fingerprint, some other kind of bio metric data like a fingerprint you can't replace it when it's gone. >> reporter: an paper 24 hour fitness is taking all the proper precautions to take

members' identity, promising not to keep records of fingerprints, only the measurements, but lots of things that look good on paper have flaws in practice. they promise full body scan images at airports and other locations would never be stored. yet the u.s. marshall service has recently admitted it stored thousands of the images taken at a courthouse in florida. 24 hour fitness satisfies the program is a roaring success, lots of people using it moving through the lines quickly. but the program is optional. if you don't want to give up your fingerprint you can still use your id. in san francisco i'm simon perez, cbs5. you want to predict if your husked is likely to cheat? well if you make more money than he does the answer could be yes. a cornell university study find that men who earn significantly less than their female partners are far more likely to cheat than those in relationships where income tax aree equal. that could explain the cheating spouses of stars like sandra bullock and halle berry.

they say extra marital sex coulden an attempt to compensate for feelings of inadequacy. most people would say any money raised for breast cancer is a good thing. >> one creative campaign is causing concern at a sacramento high school. some antelope high even i . >> some people feel, especially teachers, feel that it's more of a mockery on breast cancer awareness, it's not truly informing teenagers, which was the target group. it's supporting breast cancer either way. >> well some antelope high school students say even if some of their peers don't take the eye heart boobies items seriously they are still raising money for breast cancer awareness. they are sponsored by the non- profit group "keep abreast," they say half the proceeds go to breast cancer awareness. >> on to roberta, the beginning to have week, what do we have? >> we started off the 60 degrees to san francisco, 89 degrees in gilroy, will 8 degrees in livermore, and

tonight as you're making the approach into the city by the bay from the east bay we are shrouded with the deck of low clouds and patchy fog and that's how we will kick start your tuesday. so you can bank on locally, heavy drizzle along the coast and into the base, and tonight 50 from santa rosa to the mid- 50s, back through union city, otherwise 57 degrees in mountainview. here it is. pinpoint forecasts taking you up to tomorrow morning's sun up at 6:23. you will notice the clouds streaming inland at least a good 70 miles so it's gonna take a while to see this marine layer which is roughly about 1700 feet deep to thin out. in fact, the clouds will play tag with the coast but something is happening. we have this trough as it has been anchored off the coast, gradually suggesting some movement to the east. so, cubs of that, i'm gonna have to drop the north bay temperatures down just so slightly but keep the same 76 degrees in san jose which by

the way is still down from the iced will 4 degrees. east bay numbers still topping off in the upper 80s to inland, 89 in brentwood, also back at your walnut creek towards alamo, 94 degrees in santa rosa which is down from the average high of 83 degrees. these numbers are a couple degrees coolinger than what we experienced today. here you have the extended forecast, the warmest day of the workweek will certainly be by thursday, promptly followed by the coolest day on friday, seasonal temperatures return on the weekend, just in time to get out and do some gardening. even with the unseasonably cool weather her garden is doing great, keep on cbs5.com. my garden does not look like that at all. >> you could fry up those green tomatoes. >> i will do that. >> because you like 'em. >> ooh ya. >> yeah. with the bay area home to three international airports how is the communication between pilots and air traffic i'm bored with my toys. sally, you don't need toys when you have...

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world. in tonight's good question john moore wants to know how do all these pilots communicate with air traffic controllers when so many languages are spoken? the bay area is home to three international airports; oakland, san jose, and sfo. now that's a lot of flights coming here from around the world. there are planes here from how many countries? >> probably two dozen, many are asian pacific. >> from 018 right due to land at 0183. >> communication between towers and air crews has to be precise and, it as it turns out, it has to be in english. >> is. fo's mike mccarron says it doesn't matter where you fly, it is the same around the world, you want to be a commercial pilot you got to speak english. >> anyone who gets a pilot's license, commercial, has to read, understand, speak good

english and as a result, whether it's flying for jl fenner ways orem rats, whoever it may be, you have to speak english well enough to be understood. >> one left, one right, 28 left. >> mccarron says that english became the standard when international flights out of the u.s. really began to take off and, as it turns out, there are sort industry standards in save situation. >> the altitude is always in feet, thousands of feet, the other standard used is the time given is always green witch meantime, so that way there is no confusion, are you on our local time or the time you left, what time zone are you complying with. so every flight plan is given and recorded in british meantime. >> i need your good question. send them to me at cbs5.com. 49ers got a little liftoff of their own. dennis o'donnell, a near no- dennis o'donnell, a near no- hitter again ,, 3q hands touch some germy stuff.

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football. >> just by conferring with the doctors and talking with them they say that i'm not taking any additional risks playing football. my risk is just as great as any other football player, my concussion has really completely healed and i have the opportunity to go out and play football worry free. >> also today they traded ken taiwan balance near manager to the seahawks for a sixth round pick. he has been missing from camp and hadnot recorded a sack in his time. he might be one of the biggest bust in 49er history. desean jackson of the eagles, and rice of the ravens, all drafted after bull manager in 2008, two of the three have already made the pro bowl. before tonight's game the a's sent chris carrter to the minor leagues. they make room for conor jackson who became, or came off the vacation list, he was hitless in 19 at-bats. the blue jays at the coliseum, too bad batista didn't leave

that number ab bit ago. the umpire didn't see it that way. so batista has to leg it out. he end up with annual inside the park home run. i don't know how i missed that one. shaun marcum had a no-hit near to the seventh when conor jackson took him deep. it was the only hit he allowed, the a's no hit through sixth in back to back games. 3-1 is the final tonight. a stop by. eli manning gets rocked by kelvin peace. watch eli's helmet come flying off. blood dripping from his face. 12 stitches needed. number 4, andre ethier makes a spectacular catch in right field and the braves beat the fading dodgers. number 3, derek martin makes an awesome stop while pitcher brett anderson tumbles to the ground to get the out at first base. we're not allowing any style point for anderson who made that play. at number 2, tampa bay's jason var list makes a great stop but an even better throw,

a 6-4-3 double play as tampa bay beets texas. victor crews, unbelievable. this is an undrafted rookie who, tonight, had 6 catches for 145 yards and three touchdowns and the giants bet the jets in that fabulous new stadium. it is a wonder. i flew over it when i was coming back from ireland. oh baby. 1.6 billion, something like that. >> yeah. manning okay, got hanged in the head. >> tells you something about >> tells you something about preseason, they tell you about ,

you could tell even back in early 1999 when ebay... was a small company that meg-- meg knew what she was doing.